10 years old is a little young for that. Normally it would be around 12 that they would have a say in the matter. It is possible that the judge may take it into consideration but I wouldn't think so. Having said that, what is the basis for your request? She would need to show a very good reason to switch custody at this point. It would not be in the best interest of the child to do so at this point. Unless she can somehow prove that you are unfit then she wouldn't have a case. So as I said, you can ask for your child to be heard, but I don't see that happening. Even if it doesn't though, I don't think you have anything at all to worry about.

In Texas, a child 12 years of age or older can sign a written statement indicating the person with whom the child prefers to live. The choice must be approved by the Court (meaning the judge). If the child is under 12 years old the court will not accept that the child is old enough to make that decision. If you currently have custody and your ex wants to regain custody, she can file for a review/petition of child custody. Generally the courts do not like to disturb the child's current situation and stability is very important to the courts. If there is no reason why the child should not live with you, hopefully the judge will determine it's in the child's best interest to stay in the current custody arrangement. Your seventeen year old can submit a written statement stating he/she wants to continue living with you. Courts do not like to split up siblings either.

She is clearly an unstable mother. She didn't want to be responsible for the children, so she left them with you to raise. The children had to go through all that drama. Did she think about how the children were missing their mom, especially at night? No! Now 6 years later, she decides she wants one of them?

The children are old enough to talk to the judge, and tell the judge that they don't want to go with her. The 10 year old can speak for himself/herself. If the child doesn't want to go with the mother, the child should protest in court. The child should pitch a fit in court.

If anything, you've got a lot on the mother, and enough to keep her from getting custody of your 10 year old. This is so unfair to the children. The court will take into consideration the stability you offer the children. The court will be looking at who can provide the best home, care and welfare for the children. Obviously, you are providing all of that.

I don't recommend you trying to handle this on your own. Get an attorney to represent you. I don't think you have too much to worry about. Just be prepared, and gather all documentation concerning the care and welfare of the children. Take pictures of your home and their bedrooms; their toys and their clothes. All of this will help you in court.

I wish you the very best and thank you for visiting Webanswers.com.

Disclaimer: I'm not an attorney; I'm a paralegal.

Your situation happens often in reverse. In this day and age, it would be hoped that mom doesn't have the upper-hand. I don't think she will. Courts have gone beyond the rationale of the naturally nurturing mother fairly quickly for the ordinary glacial speed that thinking changes. Let's hope. It is Texas.

It's not a situation that doesn't look bad for the parent, mom or dad, who speaks up when money is involved. Give the court credit for having been there before until you see that is not the case. You shouldn't have a problem.

The danger with letting children speak is that they carry it with them forever. The outcome becomes their fault. You don't want that if it could be avoided. Leave them out of the decision, assure them it's not their decision and you will be glad down the road.